>> thank you. next speaker, please. >> first, i want to give a background on myself i think it's important first of all, i serve in my career as a positive planning virus at new york life and serve the national board for a deposit the virus organization that helps to over see all the aids program 0 i'm a castro resident and also hiv positive. my concern is really the forest to circumvent the process not to allow individual to have a say you can't separate the kroov castro from hiv and aids i don't understand the willingness of the organization to cut corners like calling it the castro pharmacy if you're proud of the

organization why change this is a bad situation if you're not going to allow the castro folks who provides them >> sir, do you want to state your name for the record. >> aaron. >> thank you. next speaker. >> i'm representing the project and speaking in summary of a letter submitted by our executive director i'm give you the purchase line. the truth is side aids foundation is a one size fits all chance store model that perceptives other jurisdiction to disrespect the local community and local pharmacies and nonprofits out of business awhile demising business interests. h f a a politicking highly chargeable organization that

directly opposes the hard work of the san francisco community and they serve their own growth they advocated cutting funding for people living n with aids in san francisco we respectfully ask you reverse the property use and suspend the building permit and require h f to submit to the proposal >> do you have specific on the cuts. >> i asking, submit that. >> next speaker >> i'm representing the aids foundation we ask that the aids foundation be required to get no

input last year, we delivered services to fit 15 thousand people from sexual health and we identified infections and many of our clients represent one hundred percent of our services are delivered one hundred percent free their responsiveness of the people simply put we understand the needs of the local community because we're part of it we're set about to relocate we embarked on the health care foundation should be required to do the same it cost us an additional architecture fees while squeezing our ability to serve people in needs but in the

end it has a attraction to the neighborhood and has a greater impact i want to share we received actually, it's postmarked los angeles a lot of san franciscans received it if the atsdz health care communication they want it to have more input encouraging them to visit a website and it audibly generates a message. >> can i see it. >> sure. >> good evening commissioners ape a san francisco residents of 20 years and i live in the castro. my interest in hiv prevention was with the first agency in los angeles and i'm a writer and

community organizer i've written about hiv prevention strategies for decades it's near and dear to my heart and it is that background that makes me want to say i oppose opening on castro street without proper community input. i think the proper ways to do that is with the conditional use this is for shaky credibility for ah f flies in the effects of science would be enough to feel that they have in credibility when it comes to study prevention issues he

>> thank you. next speaker, please. >> i'm the pack chair for the harvey milk lgbt democratic club and last night the impact of the lgbt harvey milk democratic club voted unanimously to support in appeal to join with ms. thomas and the other appellants we're not here to litigate this thing in la all the porn but we have worries but we have cares about the castro and it's a good thing in planning we're a big proponent of the process with this we're concerned about the starting of the processes and making sure there's an conditional use to talk about the services and we want to stand with the appellants to

open support them. thank you >> thank you. next speaker, please. >> hello, i'm 24 years old i've been working in hiv and lgbt youth in san francisco for the last 3 years i've a sex worker and i ask for the what we need firemen's terms of medical and health services. i work a full-time job as a case manager i facilitate groups for sex workers and h f has a history of targeting inclines in for example, in 2011 in sean fern valley they led to the closings of a incline called the adult incline foundation that primarily served the history of

the porn workers and give them access to the hiv care. as a sex worker the conversation came up one of the unmet needs is serving homeless hiv that we are engaged in survival sex we have standards on health workers i will not refer my youth to h f and sex workers will not go there >> thank you. next speaker, please. >> hi i'm kyle i'm the community member and involved in the jack appeal. i want to thank the board for this particular case what stand out after the last hearing they don't respect our hearing process. i'm concerned about the

president for other entities when we see an organization change its name for the purpose of changing their names why not go through the conditional use payroll we're concerned not only for the parmdz but other super bowls by changing the names no matter how big can bypass the community process we'relogies the common sense so i think it's important we're not asking you to decide whether or not the name change is welcome >> i'm a board member of the

hate aider and abettor but we have related issues in our neighborhood i wanted to objectively what kyle said i know think it's disconcerting that there was a situation where an entity was determined to be fair market value and that all they were going to do was change the name to avoid going there to conditional use process it's critical we have community input it helps the business when they hear and its a reasonable process sdooind designed to he'd what the community wants 2, 3, 4 their neighborhood. >> >> thank you. next speaker, please. >> good evening, commissioners thank you for allowing me to speak i'm keith i've lived on castro for 25 years.

if you don't know where that is it's at the emergency above walling grounds they've railway seen a business to avoid the confusing process. i've observed ah f while serving on the council as they buld their way into san francisco's o san francisco. this is another attempt by ah f to force their way into the community without the community having a right to voice their concerns. i support the released the appeal for the release of the suspension thank you >> thank you. next speaker, please >> thank you. good evening.

my name is jessie bureaucracy i am an advocate for the african-american--that are sooufrl around hiv transitioned i'm shocked that the hiv i'm a patient i've been hiv positive since 1993 and became a patient and dr. will kin is my doctor all i can say is they've saved my life we're missing the big picture as hiv continues after 32 years it's still a lot of unmet needs out there people that need access to care and especially people of color and hiv shouldn't be a consolidation just like i want all of h t

integrated services the testing they do and someone says something about culturally competent they've treated me cultural competent so many people need health care not like a liquor store coming to the community >> thank you. next speaker, please >> i'm mike i've lived in the castro for 28 years. all i would request what harm is through a community process to determine the nature of my neighborhood. i support of the appeal and slow on the process down. in fact, it will come out in the community process why not allow the community it have a voice in

the matter bay area's particularly because of hiv and aids >> good evening. i'm trashing jones the executive director for the aids task force of greater cleveland their here in support of the aids hiv foundation they help us i came here in 2012 because my agency was on the verge of closing 12 hundred patients would have been without service and we would have to shut our doors they became a partner in our organization and supported me and they've let me continue to provide services to the needy i feel really upset i've been used in one of the letters that said i was bullied and they walked into my community and didn't provide me

services i asked them to come so they've been nothing but a help he working hand to hand we don't need for people to die and is there any public comment seeing none, we'll have reluctant starting with the appellant. >> thank you. thank you all for staying and listening to all of this there are a lot of community members with opinions. first of all, it's clear to us this is an i'm sorry thank you. i'm laura thomas one of the appellants. i have lived and worked in the castro for many years. and it's clear that this is

moving an already existing pharmacy that's acknowledged this is a pharmacy that is, in fact, part of the chain and that merely the name is being changed and, you know, we're coming to us you to add common sense to this process it's clear merely changing a name shouldn't are sufficient to move out from under formula retail when all the finances are continuing to staying the same they're willing moving it around the corner but somehow that's a different entity we want a common sense ruling and a conditional use process so community members can be heard we understand from what they've said they want to be a good neighbor we invite them to go to the conditional use

authorization a around and the advocacy around funding i work for the san francisco department of public health and part of that was advocating for increased fund for the hiv funds in the city we were up against opposition particularly from the aids health care foundation that he was proposing on multiple different occasions san francisco's fund be cut for people living with hiv here for the funds to go elsewhere in the country that's part of why it's frustrating when that's not been the history of the organization certainly as i've experienced it to eliminate or reducing

services for people living with hiv we ask you to add common sense to the process and we thank you for listening to all of this is fits really the same pharmacy with a different name we don't understand why that's not did not mean it should not go through the conditional use authorization process >> just a point of personal kurt. >> yes. >> when this case that came before us only 2 people here at the end of the meeting that were supporting this h f services no one else showed up. >> i apologize on my part i wasn't aware of that in the process then. i wish i had been aware of that

i would have been here and worked to get other people so i apologize >> i was just curious there's a lot of people here tonight but nobody previously. >> i wish i could have been there i'm sorry. >> rebuttal from the permit holders step forward. >> thank you, again, for allowing us to speak i had some additional letters of support may i produce them. >> we'll accept them. >> do you have copies for - >> i have copies. >> please do. >> please speak into the microphone. >> of course, i'm going to take a minute to sum up h f has a dual mission treatment and advocacy we're controversial

you've heard that from people talking today but 0 nothing about that has to do with whether we are meeting of the formula retail criteria we don't set the criteria and therefrom we shouldn't want a discussion sidetracked by the political debate to be able to provide services it's costing us money and losing time we feel like she should be able to go forward to address the funding we advocacies for more treatment the way we see the disease it's about getting people into the treatment getting the medications to people that means shifting priorities and the fund didn't go to where it has begun.

>> thank you, again i'm cynthia davis a board member of of the h s i've worked with the hiv arena for over thirty years i have a master's degree in public health from ucla and a program director in los angeles, california in south la i've served as an advocate for the first women's treatment incline in south la and operated a shelter for positive hiv women. the mission is to end the aids hiv epidemic that's city-state still raging new combshgsz every year with 20 percent of americans not knowing their infected and less than 1/3rd have the disease had it under

control. given the magnitude of the crisis h f has responded nationally to this epididymis we work with all organizations committed to the same end and provide technical support for the cultural psychological to those populations and for the 12 years h f has served in san francisco helps to participate in other spectacular supports. thank you >> rebuttal mr. sanchez i think mr. pacheco those petitions are to be distributed there's more look to our left. >> thank you scott sanchez planning department this is a meaty case that's been before

you we've determined that is a formula retail use under the planning code this is the burden of the formula retail operator to demonstrate they're not a formula retail use they've did so by changing the name of the business and no longer used the h f trademark as such, they no longer meet the criteria as the the reason for real estate the suspension the board my may agree with the determination or say it didn't fulfill satisfy the burden of proof they're not formula retail the board may find their formula retail or want more determination information for themselves that's the option that the board has before you but this is somewhat unique to other cases we've had because we've made the determination their formula retail but they've changed the operation and again, if the

board upholds the determination after there's complaints they've changed the way they've operate and they could have penalties and i'm available for any questions. >> if we choose no did to uphold the determination is that error. >> i think we can only find error. >> okay. i have no questions. >> i have a question can you remind me of the prongs prime rate from the logo can you remind me i was looking through our letter. >> it will show on the overhead. >> can you read it i can't. >> sure. the formula retail as 11 other organization two or more standardized the array of

merchandise standard listed do core and color scheme and uniformed apparel and signage a trademark or a service mark >> and our last determination was it it was formula retail. >> correct and based on those criteria. >> they met at least are and the two of the at a marks or a service mark they've got the standard listed signage it was questionable about the array of merchandise but they had two with the signage and the trademark. >> okay. thank you arrest. >> thank you. >> commissioners the matter is submitted. >> i have a question for the aids ah f.

so the question i had early on was organizations such ah f serving the community i heard other people that came to speak ask the same question why would you not engage our client engages with the community and you have an opportunity to do that but choose not to as we heard had you continued down that path if the community were interested in engaging and accepting what services you had to offer in that location you would almost be there at this point >> it's partly because of the delay we went through forward with the construction we engaged the contractor out laid funds that was stopped because of the

square footage issue and the fair market value was suggested that may not be a formula retail issue but not clear that became clear after the hearing but after the hearing that was a side table to go forward are do with the. >> that was the conditional use authorization about the square footage. >> we thought we were in good shape so i think now we're 6 months down the road there's been delays from month to month we're in a situation not having a lease and trying to moved as quickly as possible. >> so if you have clearly concerns raised in the community that your organization wants to serve that does not participate in the community process whether or not mandated we heard from

the project or sf aids foundation in their not a formula retail but they did meet with groups and worked the community they wanted to serve. why would that not be a priority for an organization such as yours >> we work with the community and your avoiding that process by switching your names and signage, etc. to avoid that process. >> that's a technical process. >> we don't meet the criteria we don't feel like. >> you're not having to why would you not want to. >> it's another process that causes delay and, you know, the isaac outcome it is not clear the outcome is not determined if we're going down the path we're

not formula retail use we go back to our construction and open up our clinic and pharmacy. >> that's all i have. >> i have actually, one more question for mr. sanchez what's the status of legislation. >> scott sanchez planning department there's been several pieces of legislation that have been acted on by the planning commission their on hold before land use the planning department has proposed legislation and that will be heard over the coming most with legislation that was introduced by supervisor mar so one 0 of the kind of points of discussion is whether or not to look at the ownership structures and the position of the department that's not isn't going we can effectively enforce and the

standardization of features and the united states positions and have's a visual appearance in the neighborhood so we don't think the structure deals with that this case under the proposed protective our department will so support will not be formula retail and the use is unique they've been determined to be formula retail and modifying the project to not be subject to those requirements. >> how many times have you found the group to be not formula retail. >> i mean it's hard to say in terms of their present of businesses we process thousands of permits everyday or i'm sorry every year in the city for many